JOU 4380 Study Guide - Midterm Guide: Executive Privilege, Terry Nichols, Los Angeles Police Department
3 Apr 2017
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*anything in red will be on the test. 7 (you do 5) 10 point questions on anything else on the review sheet. Definition: the publication of material that would tend to hold one up to hatred, ridicule, contempt or spite two torts: libel and slander. In a libel case, the plaintiff needs to prove: Publication (was it published/written for all to see?) Damages (don"t worry about these for test) Falsity (was what they said true or false?) Fault (later actual malice , (1) knowledge of falsity, (2) reckless disregard for the truth) Public officials and public figures are required to prove actual malice to win. Private persons only have to prove negligence to win case. Became actual malice in new york times v. sullivan (1964) Right after montgomery, al riots; nyt reporter wrote that the police commissioner (sullivan) had been encouraging the police to do brutal things to the rioters.
